Tan Kok Meng v Public Prosecutor: Unsoundness of Mind and Causation in Murder
Tan Kok Meng appealed the High Court's finding under s 251 of the Criminal Procedure Code that he caused his father's death. He was originally charged with murder under s 300(a) of the Penal Code, but the defense of unsoundness of mind under s 84 of the Penal Code was accepted. The Court of Appeal dismissed the appeal, affirming that Tan Kok Meng committed the act of causing his father's death.
1. Case Overview
1.1 Court
Court of Appeal of the Republic of Singapore1.2 Outcome
Appeal Dismissed
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Appeal regarding a murder charge where the defendant was of unsound mind. The court affirmed the finding that the defendant caused the victim's death.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Respondent, Plaintiff | Government Agency | Finding Affirmed | Won | Daphne Lim of Attorney-General’s Chambers Yang Ziliang of Attorney-General’s Chambers |
| Tan Kok Meng | Appellant, Defendant | Individual | Appeal Dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Andrew Phang Boon Leong | Justice of the Court of Appeal | Yes |
| Tay Yong Kwang | Justice of the Court of Appeal | No |
| Chao Hick Tin | Senior Judge | No |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Daphne Lim | Attorney-General’s Chambers |
| Yang Ziliang | Attorney-General’s Chambers |
| Kang Kok Boon, Favian | Peter Low & Choo LLC |
| Yuen Ai Zhen Carol | Peter Low & Choo LLC |
4. Facts
- The appellant resided with his parents in their HDB flat.
- On the day of the incident, the appellant's mother observed that he was not his usual self.
- The appellant's mother told the deceased to keep watch over the appellant and not allow him to go out.
- The appellant's mother found the deceased lying supine on the floor with his head in a pool of blood.
- The appellant was seated on the sofa facing the deceased’s body.
- The appellant straddled the deceased and placed his hands on the deceased’s upper chest.
- The appellant continued to strangle the deceased while mumbling “wo yao ta shi” (“I want him to die” in Mandarin).
5. Formal Citations
- Tan Kok Meng v Public Prosecutor, Criminal Appeal No 37 of 2020, [2021] SGCA 55
6. Timeline
| Date | Event |
|---|---|
| Incident occurred; victim died | |
| Amendment to s 84 PC took effect | |
| Criminal Case No 23 of 2020 | |
| Appeal dismissed | |
| Appeal dismissed | |
| Grounds of decision issued |
7. Legal Issues
- Unsoundness of Mind
- Outcome: The court affirmed the finding that the appellant committed the act of causing the deceased's death, but was of unsound mind at the time of the offense.
- Category: Substantive
- Causation
- Outcome: The court found that the appellant's actions caused the death of the deceased.
- Category: Substantive
8. Remedies Sought
- No remedies sought
9. Cause of Actions
- Murder
10. Practice Areas
- Criminal Law
- Appeals
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| No cited cases | |||||
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Penal Code (Cap 224, 2008 Rev Ed) s 300(a) | Singapore |
| Penal Code (Cap 224, 2008 Rev Ed) s 84 | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) s 251 | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) s 252(1) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Unsoundness of mind
- Causation
- Strangulation
- Aspiration of blood
- Mercedes Laceration
- Actus reus
- Mens rea
15.2 Keywords
- murder
- unsound mind
- causation
- criminal law
- singapore
17. Areas of Law
16. Subjects
- Criminal Law
- Criminal Procedure
- Mental Health Law